Keiser v. Commissioners

Citations

• 156 Pa. 315
• 26 A. 1066
• 1893 Pa. LEXIS 1348

Syllabus

<p>Bridges — County commissioners■ — Acts of June 8, 1881, and June 16, 1891.</p> <p>The main purpose of the act of June 16, 1891, P. L. 305, amending the act of June 8, 1881, P. L. 67, relating to the reconstruction of bridges, was to take away the absolute discretion lodged by the earlier act in the county commissioners to rebuild bridges or not, according to their judgment of the necessity for the accommodation of the public.</p> <p>The only difference between the two acts was that, under the act of 1881, an absolute discretion as to rebuilding was lodged in the commissioners, while under the act of 1891 the commissioners might be compelled to rebuild by mandamus upon the petition of ten citizens and taxpayers.</p> <p>Inter-county and intra-county bridges — Reconstruction.</p> <p>The act of June 16, 1891, P. L. 805, provided as follows: “The county ■commissioners of the several counties .... are authorized to rebuild .... any bridge over any stream or river running into or through any ■county .... or where such bridge crosses a stream forming- the boundary line between two counties, then the commissioners of the county in which said bridge is located .... or the commissioners of the respective counties where the stream or river runs between counties, are hereby authorized,” to rebuild, etc. Held, that the legislature intended to provide for only two classes of bridges — those wholly in one county, and those partly in one'county and partly in another; as to the first class it is the duty of the county commissioners of the county to repair the bridge; as to the second class the commissioners of the respective counties are required to do so jointly.</p> <p>There is no real difference between the two phrases, “forming the boundary line between two counties,” and “running between counties.” A stream is equally the boundary whether the line is at its middle or at its edge, and a stream is equally between two counties whether it is all in one or half in each.</p> <p>Loc